Phan Le Dinh v. Zenon

Petitioner appeals from the trial court’s dismissal without prejudice of his action for post-conviction relief. The trial court dismissed the action on the ground that petitioner, who was in federal custody, was not present for trial. We reverse.

The facts are uncontroverted: In October 1993, petitioner filed a petition for post-conviction relief while he was in the custody of the Oregon Department of Corrections. The matter was originally set for trial in November 1994, but, by that time, the Department of Corrections had released petitioner to the custody of the United States Immigration and…